Laws and regulations grow more and more complex by the day. To build a business that thrives, you need insight from attorneys who understand your industry at the state and federal level and can simplify these concepts into a direct course of action.
We’ve helped businesses create a pathway for risk management and sustainable growth at every stage. Words matter and the people behind them make all the difference. Let us show you what we do.
Our attorneys are as versatile as they come. Here are several types of cases we can assist with:
- Breach of Contract
- Control & Governance
- Shareholder Rights & Accounting
- Forced or Negotiated Buyouts
- Judicial or Negotiated Dissolution (Business Divorce)
- Breach of Fiduciary & Other Duties, including Derivative Suits
- Commercial Real Estate/Development
- Finance Negotiations & Disputes
- Unfair & Deceptive Trade Practices
Limit Your Exposure
Risk management is a way to keep costs down and profits intact. Depending on your industry, it may pertain to your offering, corporate governance, or even your personnel. As your advisor, we’ll conduct a comprehensive risk assessment to identify potential pitfalls, and we’ll take steps to correct anything we find to prevent surprises down the line.
The law exists for when things go wrong, and that happens all too often in business relationships. Our team has seen it all, and we can offer guidance on how to protect yourself in the face of any deteriorating relationship, whether with a customer, vendor, partner, or subcontractor.
When conflict arises, our attorneys will first meet with you to determine your goals. Scenario management is crucial at this stage. From there, we’ll conduct a full review of any related contracts or documents to learn the facts of the situation. We’ll hone in on areas of concern and opportunity so you can be prepared for both.
When a case proceeds to court, the stakes are high, and the pressure is on. That is where our legal experience shines. Our attorneys leverage the latest technology to present a clear and compelling case. We vet every detail and comb through every document to provide the best representation for our clients. That’s the Lincoln Derr advantage.
Business Litigation: Featured News & Podcasts
July 15, 2022
Zealous Advocacy: Where is the line? The “Brief Series”
Like so many things in life, the term “zealous advocacy” was born with the best intentions. By definition, it is an attorney’s ethical obligation to do everything reasonable, within his or her means, to help a client achieve the goals […]Read More
July 15, 2022
Civil DNA: Your Fingerprints Are Everywhere
In this episode of Trying 2 Win, Sara Lincoln and Tricia Derr, co-founders of the law firm Lincoln Derr, discuss the forensics of civil cases — specifically the “DNA” left behind by smartphones, apps, photographs, and more — and how […]Read More
June 20, 2022
Sara Lincoln Recognized at NCADA Annual Meeting
The North Carolina Association of Defense Attorneys (“NCADA”) Awards Committee unanimously voted to name Sara Lincoln as the recipient of the 2022 Award for Excellence in Trial Advocacy. Sara was presented with the award at the 45th Annual Meeting on […]Read More
Business Litigation FAQs
When should a business hire an attorney?
Don’t wait for a full-on conflict to seek counsel. The earlier we can intervene, the more we can create a strategic plan for you for any dispute. Much like working with an accountant, it’s advisable to consult with an attorney before opening any business. There are specific state and federal laws that govern business operations, and an attorney will be able to explain all of them to you.
What is the “corporate veil?”
It’s all about liability. When you incorporate, you create a separate legal entity under the law. Generally speaking, a corporation has its own assets and its own bank account to conduct business with. It can also take on debts and liabilities.
To keep those assets, and more importantly the liabilities, legally separate from you, you have to treat your business as a business and not a personal slush fund. If a corporation is mismanaged, sometimes its creditors will attempt to “pierce the corporate veil” and go after a business owner’s personal assets. Our attorneys can explain how to avoid commingling assets and maintain your corporate veil.
Does my business have to go to court?
Not necessarily. Court is a last resort for conflict resolution. It’s also the most expensive. We start each case with a full review of the facts and a thorough discussion with our clients to determine the best possible outcome. Depending on what we find and the state of the business relationship in question, alternative dispute resolution options could be an option, including arbitration and mediation. Any alternative dispute resolution option gives you a chance to work out your differences at a substantially lower cost.
What should I do if my business partner or an officer is misleading me?
A business has to maintain proper corporate governance to function properly. If an owner is taking inappropriate action, that can put other partners at risk. If you suspect this is taking place, it’s time to have a thorough review of all of your corporate documents, such as the operating agreement. We need to know how the business is structured, when it was filed, its shareholders, its current legal standing and more. Sometimes, impropriety can lead to the dissolution of a business. Early legal intervention can influence your desired outcome.